Farm Office BlogFarms must begin
reporting air releases of hazardous substances from animal wastes
From Sam Custer, OSU Extension, Darke County
Written by Peggy Hall and Ellen Essman

Beginning November 15, 2017, many livestock, poultry and equine farms
must comply with reporting requirements under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA)
section 103. The law requires entities to report releases of hazardous
substances above a certain threshold that occur within a 24-hour
period. Farms have historically been exempt from most reporting under
CERCLA, but in the spring of 2017 the U.S. Court of Appeals for the
District of Columbia Circuit struck down the rule that allowed
reporting exemptions for farms. As long as there is no further action
by the Court to push back the effective date, farmers and operators of
operations that house beef, dairy, horses, swine and poultry must begin
complying with the reporting requirements on November 15, 2017.

Farmers and operators, especially of sizeable animal operations that
are likely to have larger air emissions, need to understand the
reporting responsibilities. The Environmental Protection Agency (EPA)
has published interim guidance to assist farms with the new compliance
obligations. The following summarizes the agency’s guidance.

What substances to report

The EPA specifically names ammonia and hydrogen sulfide as two
hazardous substances commonly associated with animal wastes that will
require emissions reporting. Each substance has a reportable quantity
of 100 pounds. If a farm releases 100 pounds or more of either
substance to the air within a 24-hour period, the owner or operator
must notify the National Response Center. A complete list of hazardous
substances and their corresponding reportable quantities is here.

Note that farmers do not have to report emissions from the application
of manure, and fertilizers to crops or the handling, storage and
application of pesticides registered under federal law. However, a
farmer must report any spills or accidents involving these substances
when they exceed the reportable quantity.

How to report

Under CERCLA, farm owners and operators have two compliance options—to
report each release or to follow the continuous release reporting
process:

For an individual release that meets or exceeds the reportable quantity
for the hazardous substance, an owner or operator must immediately
notify the National Response Center (NRC) by phone at 1-800-424-8802.

Continuous release reporting allows the owner or operator to file an
“initial continuous release notification” to the NRC and the EPA
Regional Office for releases that will be continuous and stable in
quantity and rate. Essentially, this puts the authorities
“continuously” on notice that there will be emissions from the
operation within a certain estimated range. If the farm has a
statistically significant increase such as a change in the number of
animals on the farm or a significant change in the release information,
the farm must notify the NRC immediately. Otherwise, the farm must file
a one year anniversary report with the EPA Regional Office to verify
and update the emissions information and must annually review emissions
from the farm.Note that a farm must submit its initial continuous
release notification by November 15, 2017.

No reporting required under EPCRA

The litigation that led to CERCLA reporting also challenged the farm
exemption from reporting for the Emergency Planning and Community Right
to Know Act (EPCRA). EPRCRA section 304 requires facilities at which a
hazardous chemical is produced, used or stored to report releases of
reportable quantities from the chemicals. However, EPA explains in a
statement issued on October 25, 2017 that the statute excludes
substances used in “routine agricultural operations” from the
definition of hazardous chemicals. EPCRA doesn’t define “routine
agricultural operations,” so EPA states that it interprets the term to
include regular and routine operations at farms, animal feeding
operations, nurseries, other horticultural operations and aquaculture
and a few examples of substances used in routine operations include
animal waste stored on a farm and used as fertilizer, paint used for
maintaining farm equipment, fuel used to operate machine or heat
buildings and chemicals used for growing and breeding fish and plans
for aquaculture. As a result of this EPA interpretation, most farms and
operations do not have to report emissions under EPCRA. More
information on EPA’s interpretation of EPCRA reporting for farms is
here.

What should owners and operators of farms with animal wastes do now?

Review the EPA’s interim guidance on CERCLA and EPCRA Reporting
Requirements, available here.

Determine if the operation may have reportable quantities of air
emissions from hazardous substances such as ammonia or hydrogen
sulfide. The EPA offers resources to assist farmers in estimating
emission quantities, which depend upon the type and number of animals
and type of housing and manure storage facilities. These resources are
available here.

A farm that will have reportable emissions that are continuous and
stable should file an initial continuous release notification by
November 15, 2017. A guide from the EPA for continuous release
reporting is here. Make sure to understand future responsibilities
under continuous release reporting.

If not operating under continuous release reporting, immediately notify
the National Response Center at National Response Center (NRC) at
1-800-424-8802 for any release of a hazardous substance that meets or
exceeds the reportable quantity for that substance in a 24-hour period,
other than releases from the normal application or handling of
fertilizers or pesticides.

Learn about conservation measures that can reduce air pollution
emissions from agricultural operations in this guide from the EPA.

Note that the EPA is seeking comments and suggestions on the resources
the agency is providing or should provide to assist farm owners and
operators with meeting the new reporting obligations. Those who wish to
comment should do so by November 24, 2017 by sending an e-mail to
CERCLA103.guidance@epa.gov.